Daily Republican., 1887-02-14
This ,aoRsrHo. Cor,


rHis noHsrns. oouu,.
Ceatanustien Of ms. R,.a,
nsas nor . Nsn.srn
Court re-oonvensd n IN o..,.
morning With oil the ina.
ana rsenmed the trial Of n.
EefriS 0iiss ". Tho Disr ~ =
Iron Company. Mr.. Br,dford
with his Arsumenf in favor 1 pn
sutt, and said thai All u d
Who had testified % exn' s ~
plaintiff agreed In say ire th.s
fell bscauss IL was soa 'I w. Y I
one word had boep s. ma
mo material used IL this vslIm
see nsnner In which Il was NY
Cd, consequently the sc s -
caused By the thinpess NJ 4,
Ihersfofe the plaintiff. In ~
the roof suppoi led b. tbis vs NJ !.
the risks which attended i,
must have known some,h,.
laws OF sravitation, and vas az.
e THE roof wac mot supported l.
meath. ''n'nl
knowing these facts e. v..
MS outy - . mechanic 20 ir,'
Wall, and 10 he found IL ip'us
bis opinion ~ . meobsric to -
weight placed upon Il, il VA,
TO demaid that II ahcnld ~
and made secure before be ~
work. Another thing ~
be taken into considera,Ias
fact that this plainns
NOT directly emplovsd
company. but By VIM. q. yn
did not, however, contend nv.
accident had happened tbms
neeiieence OF the COMPANY M,
DO relieved from responsibIli,,
son OF the plaiptif beipg ann,
NJ. Eoulk. He then pros
Ssote authorities 10 show thM.
Is bound 10 discover defects y
patent snd notifying The ro,ss
no can recover dam aes for ~
ries he may receive.
One Of the caaes cited -,
man employed 10 . foundry n
some bricks and rubbish from
cupols, composed OF brick y
which had reoeatly been !,
While he wss thus employs
the props which had bean 1,sa
the cuPols In position while ,hr
we're DeinR made were reuc,l
shortly afterwards the ounos
1urirg the laborer severely
Alter his recovery he b,ouA
against the proprietor Of the NJ
recover damages, but vas noat,s
the ground that he had tou
tunity with she master of Nor
Danger, and that ~ no had ar1
risk he was mot entitled a
damages. This case Mr.. 4
was the came a. N
trial, and this pretent ons q
dealt with In the same marnu1
was.
Mr.. Bradford then reyievsf
timony Of Eme Of the virm
bad worked ON this wall. and n
Il all tended 10 show that ~
safe, and that tbu
apprehension OF danger. Hi
that nothing had been d
show that the defendants M
tverythipg In their power 4
ger, bat that on the conin|
been shown that the cor patj
cured the very best msisni
pioyed competent men 70 do III
and therefore were DOT in fault
matter. Mr.. Brad ford closed
o'clock, having spoken altrssIl
hours and forty. five minule 90
ton for a non suit.
As soon as he closed Mr. BID
n ebced his argument 10 erpi
me motion, and said the mon
bis colleaa ue thought about iba
lf the counsel for the deieutr
non.suit the more he became ID
that they had lott sight OF ID,
were try iny to burden the 0Cal
what belonged to the Jury.
IL looked to him as iha
earned counsel for the defends
prepared his argument o we'd
lays before hand, and before
what the testimony would b
,lesr TO him that Mr.. Brad
,een arguing some other cas
authorities cited by him did N
way bear on the ono on trial.
He said It was preposteyou,
hat this defendant com pan!
ight to erect o manlfestly uaif
nG, aud then try to shirk tho
'ility OF their act by claiming
me came to them to warn tha
dangerous nature. 1t 10 not D
posed that Q corporation. wa
purpose OF saving money p
VIII draugdtsman ~ work =
plan for building, instead o.
ne al architect, and then To-
Ialls down and kills or ID Jars
Der OF mon, can eEcape tie coz
Ir responsibility OF their act
He said that not only laa,
And common sense taught Y
Vsnt assumed the ordinary
what those risks are Is a.
. Jary 70 determine, and GoI
70 de eide by . non-suit WI
atles wens to work on that
Was his impe, alive duty to
,aution, bus It was not his
Inquire whether that wall
inches or twelve feet thick,
Neither was 1t his bushes ::
foot rule In bis pocket to Il
The thickness OF the wall OF
whether the man who made
was q oompeten architect OF
lhings were the business Of
and not Of the servant. aud
face Of all this the learned g
he defendants are msnun
IRON and not builders or
aud therefore should Lot
'ponsib.e.
Mr.. Bird continued to spe
,'clock, when Court took q
4 nsalg,al~ &hl.